Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42922 of 2026 Arising Out of PS. Case No.-172 Year-2026 Thana- SUPPI District- Sitamarhi ====================================================== Dilip Paswan S/O Kisan Paswan Resident of Village- Barharwa, Wad no. 12, P.S.- Suppi, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned APP. for the State.

2. In the present case, the petitioner seeks bail in connection with Suppi P.S. Case No. 172 of 2026, registered on 13.05.2026 for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, police received information about two persons trading in illicit liquor. A raid was conducted and petitioner and coaccused Kamal Paswan were apprehended. From their possession, recovery of 105 litre of country made Nepali liquor was made.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits

Patna High Court CR. MISC. No.42922 of 2026(2) dt.01-07-2026 2/3 that nothing incriminating has been recovered from person or possession of the petitioner. Recovery has been made from an open place which is besides a road where the petitioner was waiting for a vehicle but he was apprehended on suspicion. There is no compliance of the mandatory provisions of search and seizure. Petitioner is having antecedent of one case in which he is on bail. The petitioner is in custody since 13.05.2026.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of recovery and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Excise Court No. 01, Sitamarhi/concerned court, in connection with Suppi P.S. Case No. 172 of 2026, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on

Patna High Court CR. MISC. No.42922 of 2026(2) dt.01-07-2026 3/3 each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T